Tag Archives: Television

Last week’s Entertainment Business symposium at UCLA lacked the usual spark one feels when 500 lawyers gather together in one room. Even so, I live-tweeted a number of the highlights from the two-day event.

I recently called four actors about a potential gig on a television series.

Only one of them got back to me. Four days later. By email.

All of them, without exception, regularly complain to me about the lack of work in L.A. and now, all of them, without exception, were missing an opportunity to work in their field. Worse still, I might not call them next time.

It’s possible that the opportunity wasn’t right for them.
Or they each had scheduling conflicts.

Or, they each just got in their own way.

Call it audition fatigue. The continuous, consistent rejection inherent to the profession is bound to erode the motivation and enthusiasm of even the hardiest of thespians.

I’ve seen the same self-defeating behavior in lawyers, agents, production executives and other so-called “suits” in the business. Recently, I received a resume by email in response to an opening with my law firm. The resume arrived in a word.doc format which when opened, was covered with very visible, “red-lined” changes clearly revealing that the job seeker’s CV was based on someone else’s resume.

If you’re going to take all the time, effort and expense of putting yourself out there, you might as well follow through by taking just a bit more time and a bit more effort to do it right the first time (in the above case, by removing all the metadata before sending or better yet, attaching a .pdf file to preserve formatting). In the short term, that old saw is true: you never get a second chance to make a good first impression.

Marc Andreesen, co-founder of Netscape and developer of the first widely used web browser recently raised similar concerns in his blog:

Opportunities that present themselves to you are the consequence — at least partially — of being in the right place at the right time. They tend to present themselves when you’re not expecting it — and often when you are engaged in other activities that would seem to preclude you from pursuing them. And they come and go quickly — if you don’t jump all over an opportunity, someone else generally will and it will vanish.

I believe a huge part of what people would like to refer to as “career planning” is being continuously alert to opportunities that present themselves to you spontaneously, when you happen to be in the right place at the right time.

* A senior person at your firm is looking for someone young and hungry to do the legwork on an important project, in addition to your day job.

* Your former manager has jumped ship to a hot growth company and calls you three months later and says, come join me.

* Or, a small group of your smartest friends are headed to Denny’s at 11PM to discuss an idea for a startup — would you like to come along?

I am continually amazed at the number of people who are presented with an opportunity like one of the above, and pass.

There’s your basic dividing line between the people who shoot up in their careers like a rocket ship, and those who don’t — right there.

Marc was lamenting the road not taken; I’m more concerned with the road taken badly. At the end of the day, your success and certainly your capacity to even understand what success is in this business or any business is based more on your motivation than raw talent. Anyone who has watched this season’s lineup of mediocre TV programming or been forced to watch Norbit knows this to be true.

Andreessen continued:

The world is a very malleable place. If you know what you want, and you go for it with maximum energy and drive and passion, the world will often reconfigure itself around you much more quickly and easily than you would think.

To be fair, Andreessen has likely never tried to break into the entertainment business and probably can’t appreciate its unique challenges. But certainly Steve Martin has. In a recent interview on Charlie Rose, Steve Martin waxed philosophical about how to succeed in this business:

When people ask me how do you make it in show business or whatever, what I always tell them . . . and nobody ever takes note of it cuz it’s not the answer they wanted to hear. What they want to hear is here’s how you get an agent, here’s how you write a script, here’s how you do this. But, I always say, “Be so good they can’t ignore you.” If somebody’s thinking, “How can I be really good?”, people are going to come to you. It’s much easier doing it that way than going to cocktail parties.

More specifically, AFTRA’s letter asserts that Nick requires “that the performer grant to the employer a right to a ‘profit participation’ interest in the talent’s third-party income as a condition of employment” in violation of AFTRA’s collective bargaining agreement and possibly California law.

I don’t think that AFTRA has a leg to stand on or they would have cited the applicable provisions of their agreement and the law chapter and verse. I suspect that Nick’s lawyers came to the same conclusion.

What is clear is that the major studios, networks and cable outlets are looking for the next Martha Stewart or, in Nick’s case, their answer to the Disney Channel’s “Hannah Montana”; building brands on the backs of the talent they break with the goal of cashing in on their success essentially forever.

While it’s difficult to empathize with the big entertainment companies, production costs are rising and viewership is more fragmented. As a result, they’re on a desperate search for new revenue streams.

What was once an unreasonable “ask,” will become – if it isn’t already – business affairs policy unless talent reps develop the leverage to collectively reject it. However, with the potential millions to be made by breaking the next Miley Cyrus and a surplus of talented kids (and their parents) hoping to make it big, I doubt that’s possible.

The Food Network made Emeril Lagasse and Rachael Ray into television stars and household names. They’ve also become multi-millionaires from the sales of countless books and other merchandise; revenues the network admits are typically excluded from their talent deals.

The NY Times reports that about a year ago, the “Food Network began aggressively trying to change that with new deals that were ‘way more onerous’ from the stars’ point of view, said a person who has been affected by the changing strategy, by insisting on a stake in book deals and licensing ventures, and control over outside activities.”

This is an important sea change in talent negotiations on non-scripted programming. While my experience has been that network participation in merchandising has been part of the ask from cable outlets, it has not, for the most part, been a deal breaker and then only when it arose from an outlet’s desire to embark on its own merchandising efforts (i.e., revenues from branding the network as opposed to the talent).

The Food Network’s approach will likely influence future negotiations at other outlets breaking new talent in their programming though probably less so on deals featuring talent with more hosting experience (i.e., brand recognition in their own right) or have pre-existing merchandising deals. Such talent will have more negotiating leverage but if pressed, may be able to negotiate limited outlet participation “above a baseline” from any bump in merchandising revenues after hosting the outlet’s programming.